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Termes and conditions

NXT Level

General terms and conditions

Version as from 22 September, 2023

Article 1 – Applicability

These General Terms and Conditions (hereinafter referred to as “T&C”) govern the relationships between NXT Level Level Sports Nutrition, a company duly incorporated under the laws of the Netherlands (“besloten vennootschap”) with its registered office at Wegalaan 60, 2132 JC Hoofddorp, (Hofddorp) Netherlands, duly entered under number KvK-34314877, with VAT number 820016123B01, Email address info@nxtlevel.com (hereinafter referred to as “Seller” or “NXT Level”) and the Consumer (hereinafter referred to as “Customer”) for the Products, which can be found and which are purchased (hereinafter referred to as "Products") on https://www.nxtlevel.com/de/ (hereinafter referred to as the “Website”).

Before an order is concluded between the Seller and the Customer, the text of these Terms and Conditions will be made available to the Customer. Shortly after completing an order , the customer will receive the terms and conditions by e-mail.

These Terms apply only to products purchased by customers on their own behalf. These Terms are drafted, including but not limited to any other contractual information mentioned on the Website, in both German and English.

The General Terms and Conditions may be amended by the Seller at any time. The applicable T&C is the version that was in effect at the time the customer placed the order. Before completing the order, the customer will be asked to read, print, save and accept the Terms and Conditions by clicking on the “Terms and Conditions” link. For the best interest and protection of the Customer, the Customer is encouraged to read the Terms carefully before completing the Order. If Customer does not fully understand any provision of the Terms, Customer may request further information by sending an email to info@nxtlevel.com.

Upon completion of the Order, Customer acknowledges that Customer had full access to these Terms and all other information set forth in Section 305 (2) of the Civil Code (“BGB”) prior to purchase.

These Terms and Conditions shall be effective between the parties on the date of the Order as defined in Article 5 below for the duration necessary for the delivery of the Products until the expiration of Seller’s obligations and warranties.

These Terms and Conditions contain all obligations of the parties. Therefore, the customer must accept these General Terms and Conditions as unconditional.

These Terms and Conditions apply to the exclusion of any other terms and/or conditions, including but not limited to those applicable to a local purchase, if any, or any other type of channel of distribution and/or marketing

If either party fails to exercise any claim based on a breach of any provision of these Terms, such conduct shall not be construed as a waiver of such obligation and/or provision.

If at any time any provision or provisions of these Terms are wholly or partially void or waived, the remaining provisions of these Terms shall remain in full force and effect.

Article 2 – Definitions

Article: refers to an article of these Terms unless otherwise specified.

NXT Level or Seller: refers to the company NXT Level as described above and acting as the Seller.

Buyer or Client: refers to any natural person using the Website and concluding an Order online while acting as a consumer.

Terms, T&C or GTC: refers to these general terms and conditions.

Offer: refers to the Products that are offered online by the Seller on the Website as described in Article 3 below.

Order: refers to the Products that are purchased online by the Client on the Website as described in Article 5 below.

Product(s): refers to any goods that are offered by the Seller on the Website.

Website: refers to the website owned by the Seller as described above.

Every definition refers both to singular, plural and all genders.

Article 3 – Offer

The Products offered by the Seller on the Website are shown and described as precisely as possible, so the Client can know about the essential characteristics of the Products.

Nevertheless:

- The display and description of the Goods on the Website does not constitute a contract offer (“Invitation to contract offer”);

- Despite all the care and precision provided in the presentation and description of the Products on the Website, Seller cannot guarantee the non-essential characteristics of the Products (such as the exact match of the colors displayed on the Website with the actual colors of the Products).

- By ordering a product by clicking the "Submit Order" button at the end of the ordering process, the Buyer makes a binding offer to conclude a purchase contract. The contract will not be concluded until the seller sends an order confirmation by email.

Products and quotes are valid within the limits of available inventory. If the inventory of the Products is insufficient and future delivery remains impossible, the Customer will be informed as soon as possible and the order will be cancelled, resulting in the Buyer being compensated for all purchasing costs.

Article 4 – Price

The price of the Products shall be freely determined by Seller in accordance with all applicable laws and regulations. The price will be quoted to the Customer on the Website in Euros, including all taxes and costs (including but not limited to VAT, marking fee, eco-tax, customs duty), but without delivery fee. Ultimately, and prior to the completion of the Order, the Delivery Fee shall be added by Seller to the Price so that the Customer can recognize the full Price (including Delivery Fee) prior to the completion of the Order.

Customer acknowledges upon ordering that it was aware of the price of the Products on the Website as described above.

For each Product, the Price may be changed or updated by Seller at any time on the Website. Therefore, the prices applicable to an order are the prices mentioned on the Website at the same time the order is made.

In addition, in the case of a promotional code:

- The promotional code for a particular advertising campaign must be provided by the Customer when requested;

- Only those customers defined above (i.e. any individual who uses the Site and places an order online while acting as a consumer) may use promotional codes;

- The promo codes are only valid within the limits of the available stock;

- A promo code can only be used once;

- The promo code only applies to the price of the product itself and has no effect on the additional fees, such as g. the delivery fee.

Article 5 – Order

In order to validate an Order and therefore buy Products on the Website, the Customer must:

- go to the website and view the offers;

- select the products the customer wants to purchase;

- review their shopping cart on the Website so that the Customer can identify and correct their own errors, if necessary;

- once the Shopping Cart is correct, validate the order by entering their personal data (including delivery address) by accepting the full price (including delivery fee) by selecting the appropriate means of payment and accepting the Terms.

- Once an order is accepted by the customer, it means that the customer accepts the products they have selected and their prices. Therefore, each order must be paid accordingly by the customer. If the order is paid by the customer, the order is fixed and final.

- The customer receives a confirmation email of the order from the seller.

Article 6 – Payment

The payment of the price by the Customer shall be made by bank card or by any other option proposed on the Website that best suits the Customer, if available.

Seller reserves the right not to accept certain payment methods for a particular order and to refer to other payment methods. Please note that we only accept payments from accounts within the European Union (EU). The customer is responsible for all costs associated with money transactions.

Information on the payment methods available can be found on the platform.

If payment is made by bank card, the transaction will be debited from the customer ’s bank card immediately after verification of the customer’s data upon receipt of the debit authorization from the company issuing the bank card used by the customer. Therefore, the amounts paid are never considered a down payment.

Seller reserves the right to reject the order for legitimate reasons, in particular in the event of a previous or current dispute with a customer regarding the payment of a previous order.

The goods remain the property of the Seller until full payment.

Article 7 – Delivery and execution

Delivery may be made by Seller only upon payment by Customer of the price of the Order under the following conditions:

- During the Order, the Customer may select one of the delivery methods proposed on the Website;

- Until now, delivery is only possible in the following countries: the Netherlands, Belgium, Luxembourg, Germany, France and Spain.

- The customer will select and enter the delivery address. The Customer is solely responsible for a lack of delivery address. Packages returned to Seller due to incorrect or incomplete delivery address will be refunded to Customer;

- The amount of the delivery fee depends on the order and the delivery method chosen by the customer. In any event, the Delivery Fee shall always be mentioned on the Website prior to the validation of the order;

- Delivery time is displayed on the website and may vary based on product availability. The delivery time is from the date of the order; in Germany, the usual delivery time is 2 to 3 business days from the date of shipment of the order. The customer can track the order at any time using the tracking number sent by email. For more information on delivery times, please visit https://www.nxtlevel.com/de/de/shipping.html;

- In case of late delivery, the order will not be cancelled. Seller will notify Customer of such delay by sending an email.

- (i) if the Customer requests the Seller in writing by sending a letter or email to deliver the Order within a reasonable additional delivery time, (ii) and if the Seller fails to do so within such reasonable additional delivery time, (iii) the Customer may cancel the Order by sending another letter or email clearly expressing such intention to cancel the Order. In such event , Seller shall reimburse Customer within fourteen (14) days of the date on which the Order was cancelled and terminated;

- Upon delivery, the Client must check the condition of the packaging and of the Products;

- If delivered Products have obvious defects in material or workmanship, including damage to transportation, Customer should immediately complain such defects to Seller or the employee delivering the Products. However, failure to make this complaint will not affect the Customer’s legal claims. For all defects of the object of purchase occurring during the statutory warranty period, the statutory claims for subsequent performance, for rectification of defects/replacement and - insofar as the statutory conditions are met - the further claims for reduction or rescission as well as, in addition, for compensation, including compensation for damages instead of performance and reimbursement of your futile expenses shall apply at your discretion.

- Only available products can be selected. In the event that copies of the ordered product are no longer available, the Seller shall inform the Customer of this after sending the offer of the Customer upon confirmation of the dispatch. The order will be cancelled if no further products have been ordered. If additional products have been ordered, the available products will be sent to the customer. Any payments already made by the customer in relation to the non-deliverable product will be reimbursed.

Article 8 – Right of withdrawal

Revocation instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party appointed by you who is not the carrier has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Nxt Level B.V., Wegalaan 60, 2132 JC Hoofddorp, The Netherlands, 023 890 1750, https://www.nxtlevel.com/de/de/contactus) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the sample withdrawal form for this purpose, but it is not required. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we shall promptly repay to you all payments we have received from you, including delivery costs (except for any additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery we have offered), and at the latest within fourteen days from the date we receive notice of your withdrawal from this Agreement. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this repayment. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You shall return or deliver the Goods to us or NXT Level, response number 2591, Drill Tower 5, 4704 RG Roosendaal (RG-Rhosendaal), The Netherlands without undue delay and in any event within fourteen days of the date you notify us of the revocation of this Agreement. The deadline is met if you send the goods before the end of the deadline of fourteen days. You will bear the direct costs of returning the goods.

They must only pay for any loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary to check the quality, properties and function of the goods

End of right to withdrawal instructions

In order to exercise its right, the Customer may use the following sample withdrawal form or contact Customer Service via the contact form available at the following link: https://www.nxtlevel.com/de/de/contactus

RIGHT TO WITHDRAW FORM

(If you wish to cancel the contract, please complete and return this form.)

- To NXT Level, Drill Tower 5, 4704 RG Roosendaal (RG-Rhosendaal), Netherlands

______ I hereby withdraw from the contract entered into by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

______ Ordered on (*)/received on (*)

______ Name of consumer(s)

______ Address of consumer(s)

______ Signature of consumer(s) (paper notification only)

______ Date

(*) Delete as appropriate.

Customer may return the Products in the following manner: https://www.nxtlevel.com/de/de/returns.html

Seller will reimburse using the same means of payment that the consumer uses for the initial transaction, unless the customer expressly agrees to use other means of payment and to the extent that the refund does not incur any costs for the customer.

The refund shall be made no later than fourteen (14) days after receipt of the Products delivered with the return label to the following address:

NXT level

Drill Tower 5

4704 RG Roosendaal (RG-Rhosendaal)

The Netherlands

If the conditions for a refund are met, the returned Products will be refunded as soon as possible and no later than fourteen (14) days after receipt of notice of the use of the right of withdrawal.

Refunds will be made through the same payment method used by Customer, unless Customer expressly grants permission to another payment method.

If the customer returns an entire order, the original shipping costs will also be refunded. When the customer returns part of an order, only the returned products will be refunded. The cost of the return will be borne by the customerunless a return label is used as described at https://www.nxtlevel.com/de/de/returns.html. Any productthat is damaged, dirty or incomplete will be rejected.

Exclusion of the right to withdrawal

Pursuant to § 312g (2) No. 1. – 13. BGB certain items cannot be subject to the right of withdrawal, such as B.: Items that are manufactured to Buyer’s specifications or are clearly personalized; items that cannot be returned due to their nature; items that can be personalized; items that are perishable or perishable; items that cannot be returned due to hygiene or health protection reasons (such as underwear, earplugs, mouth protection, protective covers, welding articles, swimsuits).

Article 9 – Compliance, Warranty and Liability

The Products sold by Seller to the Customers on the Website must be free of defects and must comply with the Orders.

The customer is entitled to the statutory warranty rights with regard to the goods (and, if applicable, digital products) offered in the online shop.

9.2. Commercial Warranty

In addition to the statutory warranty of conformity that applies to all products, some products are covered by a commercial warranty from the manufacturer of said products, which allows the benefit of a particular after-sale service. It is up to the customer to request the manufacturer and follow its dedicated process, if any, on a case-by-case basis.

9.3. Exclusion

In addition to any applicable statutory provisions, it is also mentioned that the warranty does not apply if:

- Customer has repaired and/or processed the delivered Products themselves or has them repaired and/or processed by third parties;

- The delivered Products have been subjected to unusual conditions or otherwise treated with care or contrary to Seller’s instructions and/or on the packaging

- The deficiency is in whole or in part the consequence of regulations that the authorities have issued or are issued with regard to the type or quality of the materials used.

The customer should read all product labels carefully before use and follow the instructions for use and storage of the products. The advice contained on https://www.nxtlevel.com/ is for informational purposes only. Among products , dietary supplements should not be considered as a means of detecting, treating or curing disease and should not be used as a substitute for a varied, balanced diet and healthy lifestyle. Nutritional supplements are designed to help the customer in their overall health. In case of doubt, the Seller recommends that you consult a doctor.

Article 10 – Force majeure

Seller’s performance of its obligations under these Terms will be suspended in the event of a Force Majeure Event. Seller will notify Customer within thirty (30) days of the date of occurrence of such event. If the suspension of performance of Seller’s obligations continues for a period of more than thirty (30) days, Customer shall have the option to terminate the current Order and therefore refund it from Seller.

Article 11 – Customer account

The Customer must be reachable by e-mail.

The Customer is responsible for the use made of his username and password. The Seller therefore advises the Customer to use a unique password and to keep this password secret with due care.

The Customer is not entitled to allow other people to use his/her Client account.

The Customer is responsible for the accuracy of the data in its own account.

The Customer shall have one Customer account only with the Seller, who reserves the right to delete multiple registrations from the same person.

To prevent misuse or fraud, the Seller will carry out periodic or random checks on Orders and complaints. In case of suspected abuse or fraud, the Seller can carry out additional checks. The Customer will be informed accordingly. In case of alleged abuse or fraud, the Seller reserves the right to block and keep blocked the relevant Customer account.

Article 12 – Complaints

The sales teams do their best to help everyone and provide the best possible experience to customers. In the event that a customer has complaints, the sales teams regret this and would like to hear it. Customer may first report complaints to Customer Service by completing the contact form at https://www.nxtlevel.com/de/de/contactus. If a complaint is not heard, please see Article 15 – Applicable Law and Disputes below.

Article 13 – Personal data

To sign your contract, we collect your personal data. The Seller shall process your personal data appropriately and with reasonable care and within the framework of applicable laws and regulations, such as g. the General Data Protection Regulation (GDPR).

The Seller’s Privacy Notice lists what data we process, for what purposes we process it, and how we handle the personal data. It also explains how data subjects are able to exercise their rights to process their personal data. You can find the NXT Level Privacy Statement on our website.

Article 14 – Contact details of customer service at NXT level

Our customer service department contact details are as follows:

- Online form: https://www.nxtlevel.com/de/de/contactus;

- Mailing address: Postbus 3124, 2130 KC Hoofddorp, Netherlands.

Article 15: Governing Law and Disputes

European legislation requires that all webshops add the following link to the European Commission’s online dispute resolution platform: http://ec.europa.eu/consumers/odr/.

Seller is not a member of and does not agree to an alternative dispute resolution body as it is preferred to resolve all issues directly with customers.

German law applies to these General Terms and Conditions and the orders.

If any provision of these Terms is held to be void or cancelled, the other provisions shall remain in full force and effect.

Any disputes that may arise in connection with these Terms and the Orders shall be submitted to either the competent courts of the place where the Defendant lives or the competent courts to which the Orders were delivered and thus the Agreement is executed, at the sole discretion of the Claimant.

The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply.